Malin v. County of Lamoure
North Dakota Supreme Court
Appeal from the District court of LaMoure County, Coffey, J. Appeal from an order overruling a demurrer. Statement by Bruce, J. The plaintiffs herein as administrators of the estate of Gottlieh J. Dobler, deceased, paid under protest to the county treasurer of LaMoure county the statutory probate fees, amounting in ,the case to $335, and prescribed by § 2589, Bev.
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Appeal from the District court of LaMoure County, Coffey, J. Appeal from an order overruling a demurrer. Statement by Bruce, J. The plaintiffs herein as administrators of the estate of Gottlieh J. Dobler, deceased, paid under protest to the county treasurer of LaMoure county the statutory probate fees, amounting in ,the case to $335, and prescribed by § 2589, Bev. Codes 1905, as amended by chapter 119 of the Laws of 1909, and thereafter brought this action in the district court of LaMoure county to recover the sum so paid, alleging in their complaint that the act under which the same was paid…
1Opinion of the CourtBruce, J.
(after stating the facts as above).
The statute under consideration was adopted from Minnesota in 1890. Prior to its adoption by us, however, and in April 1889, it was declared invalid by the Minnesota courts. See State ex rel. Davidson v. Gorman, 40 Minn. 232, 2 L.E.A. 701, 41 N. W. 948. If the rule, were followed that a statute is presumed to have been adopted with the construction placed upon it by the state of its origin, the statute would have been stillborn in North Dakota. We are perfectly satisfied, however, that the North Dakota legislature had no knowledge of the Minnesota case.…
2Cases cited27 opinions
- Baldwin v. GoldfrankTexas Supreme Court · 1895
- City of Chicago v. Northwestern Mutual Life InsuranceIllinois Supreme Court · 1905
- Northern Counties Trust v. SearsOregon Supreme Court · 1895
- State ex rel. Garth v. SwitzlerSupreme Court of Missouri · 1898
- Wescott v. BinfordSupreme Court of Iowa · 1898
22 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Andrews v. O'HEARNNorth Dakota Supreme Court · 1986
- In Re LeeSupreme Court of Oklahoma · 1917
- State ex rel. City of Fargo v. WetzNorth Dakota Supreme Court · 1918
- Montana-Dakota Utilities Co. v. JohannesonNorth Dakota Supreme Court · 1967
- Green v. Siegel, Barnett & SchutzSouth Dakota Supreme Court · 1996
47 more not listed; retrieve them via the Exa API.